What is an Injunction Order?
An injunction is a court order that requires a party to do something (which would be a prohibitor injunction) or refrain from doing something (mandatory injunction). Failing to comply with an injunction can result in being held in contempt of Court (civil penalties), fines and in extreme cases an imprisonment sentence.
In family law matters, a parent may apply to the Federal Circuit and Family Court of Australia (the ‘’Court”) for an injunction, often in the form of a Prohibited Steps Order, to prevent the other parent from removing a child interstate or overseas. To obtain such an order, the applicant must provide evidence demonstrating a risk that the child may be taken without consent or contrary to the child’s best interests.
Indicators that a Parent is planning to relocate their Child
The following could be used as evidence to demonstrate that a parent is planning to permanently take a child interstate or overseas:
- If one-way tickets have been purchased;
- If one parent is planning a holiday and travel arrangement details are being withheld from the other parent;
- If one parent has indicated that they have no plans of returning through their actions, such as selling their house, moving belongings into storage or giving up a lease;
- If one parent has friends and family at the destination or has previously inquired about jobs; or
- If one parent is travelling to a country that is not a signatory to the Hague Convention on the Abduction of Children so you will not be able to get them back from that country with the help of the Australian Government.
Requirements for taking a Child Overseas
In order to be able to take children overseas, parents must obtain a valid passport for the children. If the child doesn’t already have a passport, both parents have to agree to obtain a passport for the child. If for whatever reason, either parent does not consent for the child to possess a passport, the other parent may apply to the Court for an order to be issued despite the non-consenting parent’s objection.
Court Injunctions and Child Relocation
A solicitor can assist with putting forward your best case to the Court if there is a real risk the other parent is taking the child interstate or overseas without plans to return. The Court has the power to make orders that may include to:
- Prevent or restrain the parent from taking the child interstate or out of Australia;
- Require the parent to pay an amount of money to the Court as security for the return of the child;
- Direct the parent to give contact details including where the child will be staying and so on; or
- Place the child’s name on the airport watch list to prevent the other parent from leaving the country with the child.
For an injunction to take effect, a copy of the order and any other documents you filed at the Court must be given to the parent or other relevant parties.
If an injunction is breached by a parent, there are a number of things the Court can order of the party in breach. These include:
- Requiring the parent to pay a fine
- Requiring a bond to be paid to the Court
- Ordering the parent to provide make-up time with the child to the other parent
- Requiring the parent to attend a parenting course
- Varying existing court orders or
- Enforcing a prison sentence in extreme cases.
Contact Us
Family law injunctions play an important role in protecting people, children, and property during family law proceedings. Because every family’s circumstances are different, the appropriate type of injunction and the legal process will vary from case to case. Obtaining legal advice as early as possible can help you understand your rights, comply with any existing orders, and achieve the best possible outcome for you and your family.
If you need expert legal advice in relation to a family law injunction order, please do not hesitate to contact Etheringtons Solicitors in North Sydney on 9963 9800 or via our contact form here.